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2016-08-16CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. 1. Call to order 2. Invocation: Clayton Reed 3. Honors and Recognitions: AUGUST 16. 2016 A. Recognition of outgoing board and commission members 4. Fiscal Year 2017 Proposed Budget — Strategic Investments and Capital Improvements Program 5. Discuss all items on tonight's agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: Immediately followina the work session 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held. under these exceptions, at the end of the Reaular Session or at anv time durina the meetina that a need arises for the Citv Council to seek advice from the city attornev as to the costed subiect matter of this Citv Council meeting. 1. Section 551.071: Consultation with citv attornev a. Seek advice of the city attorney regarding legal issues with Dove Road infrastructure improvements. b. Seek advice of the city attorney regarding indirect charge usage. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 16, 2016 Page 2 of 9 2. Section 551.074: Deliberation reaardina personnel matters a. Deliberate the appointment of city board and commission members. B. Reconvene: Action necessary on items discussed in Executive Session. 3. REPORTS: A. Mayor's Report B. City Manager's Report 1. West Nile Virus/Zika Update CONSENT AGENDA: All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 4. Consent: A. Approve minutes from the August 2, 2016 regular City Council meeting and from the August 4, 2016 City Council, Southlake Parks Development Corporation, and Parks and Recreation Board joint meeting. B. Approve the Community Events Participation Agreement with the Southlake Chamber of Commerce for the 2016 Oktoberfest event. C. Approve Sign Ordinance No. 704-I, 1St Reading, Amendment to the City of Southlake Sign Ordinance No. 704-H. (If approved, the public hearing will be held on September 6, 2016.) D. Approve Ordinance No. 480-439C, (ZA16-044), 1St Reading, Zoning Change and Concept/Site Plan for Texas Digestive Disease Consultants Ambulatory Surgery Center on property described as Lot 4R, Block 5 Cornerstone Business Park, an addition to the City of Southlake, Tarrant County, Texas, and located at 515 South Nolen Drive, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. Requested Zoning: "S -P-2" Generalized Site Plan District. SPIN #8. (If approved, the public hearing will be held on September 6, 2016.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 16, 2016 Page 3 of 9 E. Approve Ordinance No. 480-719, (ZA16-055), 1St Reading, Zoning Change and Concept Plan for 289 Pine Drive on property described as Tract 2A, Obediah W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas, and located at 289 Pine Drive, Southlake, Texas. Current Zoning: "AG' Agricultural District. Requested Zoning: "SF -1A" Single Family Residential District. SPIN #9. (If approved, the public hearing will be held on September 6, 2016.) F. Approve Ordinance No. 1075a, (CP16-004), 1St Reading, Amendment to the City of Southlake Mobility Master Plan, an element of the Southlake 2030 Comprehensive Plan. (If approved, the public hearing will be held on September 6, 2016.) G. Approve MSP16-005, Master Sign Plan for Gateway Church located at 700 Blessed Way, Southlake, Texas. H. Deny ZA15-153, Preliminary Plat for Stone Trail Estates, on property described as Tracts 5A, 5C1, 513, 5A3, and 5A2, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas and Lots 3R, 5B and 5A (5A and 513 being portions of Lot 5) Brock Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 2607, 2621, 2631, 2641, and 2651 West Southlake Boulevard and 250, 400 and 410 Brock Drive, Southlake, Texas. SPIN #11. TABLED ITEMS: Table Resolution No. 16-037, (ZA16-049), Specific Use Permit Specific Use Permit for a Residential Above Ground Cistern on property described asLot 7, Block 3 Harbor Oaks Subdivision, an addition to the City of Southlake, Tarrant County, Texas and located at 1065 Harbor Haven, Southlake, Texas. Current Zoning: "SF -1A" Single Family Residential District. SPIN #2. PUBLIC HEARING (This item has been tabled to the September 6, 2016 City Council meeting.) J. Table Resolution No. 16-036, (ZA16-053), Specific Use Permit Specific Use Permit for Temporary Sales Facility in Highland Oaks on property described as Lot 3, Block 2, Highland Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1205 Rothschild Boulevard, Southlake, Texas. Current Zoning: "R -PUD" Residential Planned Unit Development District. SPIN V. PUBLIC HEARING (This item has been tabled to the September 6, 2016 City Council meeting.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 16, 2016 Page 4 of 9 K. Table Ordinance No. 480-474A, (ZA16-026), 1St Reading, Zoning Change and Site Plan for River Oaks Park office building on property described as Lot 7, Block 1, River Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 121 River Oaks Drive, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. Requested Zoning: "S -P-2" Generalized Site Plan District. SPIN #11. (This item has been tabled to the September 6, 2016 City Council meeting. If approved at that meeting, a public hearing will be held on September 20, 2016.) L. Table Ordinance No. 480-564B, (ZA16-029), 2"d Reading, Zoning Change and Development Plan for Carillon Corporate District on property described as Tracts 3132 and 3B and a portion of Tract 3A1, Larkin H. Chivers Survey, Abstract No. 300, City of Southlake, Tarrant County, Texas and located between the 200 and 400 Block of East State Highway 114, being approximately 1,100 feet east of the northeast corner of East State Highway 114 and North White Chapel Boulevard, Southlake, Texas. Current Zoning: "ECZ" Employment Center Zoning District. Requested Zoning: "ECZ" Employment Center Zoning District. SPIN #3. PUBLIC HEARING (The applicant has requested to table this item to the September 6, 2016 City Council meeting.) M. Table ZA16-030, Site Plan for Hotel Indigo Carillon on property described as a portion of Tract 3A1, Larkin H. Chivers Survey, Abstract No. 300, City of Southlake, Tarrant County, Texas and located between the 200 and 400 Block of East State Highway 114, being approximately 1,100 feet east of the northeast corner of East State Highway 114 and North White Chapel Boulevard, Southlake, Texas. Current Zoning: "ECZ" Employment Center Zoning District. Requested Zoning: "ECZ" Employment Center Zoning District. SPIN #3. PUBLIC HEARING (The applicant has requested to table this item to the September 6, 2016 City Council meeting.) N. Table ZA16-031, Preliminary Plat or Lots 1 and 2, Block 1, Carillon - Hotel Indigo on property described as portions of Tracts 3A5, 3A3, 3A and 3A1, Larkin H. Chivers Survey, Abstract No. 300, City of Southlake, Tarrant County, Texas and located between the 200 and 400 block of E. State Hwy. 114, being approximately 1,100 feet east of the northeast corner of East State Highway 114 and North White Chapel Boulevard, Southlake, Texas. Current Zoning: "ECZ" Employment Center Zoning District. Requested Zoning: "ECZ" Employment Center Zoning District. SPIN #3. (The applicant has requested to table this item to the September 6, 2016 City Council meeting.) City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 16, 2016 Page 5 of 9 O. Table Resolution No. 16-035, (ZA16-054), Specific Use Permit for a Residential Solar Energy System on property being described as Lot 8, Block 4, Chimney Hill, an addition to the City of Southlake, Tarrant County, Texas and located at 1407 Northridge Drive. Current Zoning: "SF - 20A" Single Family Residential District. SPIN #10. PUBLIC HEARING (The applicant has requested to table this item to the September 6, 2016 City Council meeting.) REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m. This is the public's opportunity to address the City Council about non -agenda items. During this proceeding, the City Council will not discuss, consider or take action on any item presented. We respectfully ask that anyone stepping forward to speak during Public Forum to please limit remarks to three minutes or less.) 6. Ordinances, second readings, public hearings, and related items: A - D. These items were intentionally left blank. E. Resolution No. 16-039, (ZA16-059), Specific Use Permit for a Mass Gathering for Southlake Carroll Dragons Homecoming Parade on property described as Grand Avenue District and Phase I, Southlake Town Square, City of Southlake, Tarrant County, Texas; and generally located between North Carroll Avenue, East Southlake Boulevard, and State Highway 114, Southlake, Texas. Current Zoning: "DT" Downtown District. SPIN #8. PUBLIC HEARING F. ZA16-047, Site Plan for The Marq Southlake Champions Club on property described as Tract 3C and portions of Tracts 3C1 and 3C1A, L.G. Hall Survey, Abstract No. 686, City of Southlake, Tarrant County, Texas and located at 315, 275, and 285 Shady Oaks Drive, Southlake, Texas. Current Zoning: "CS" Community Service District. PUBLIC HEARING G. ZA16-056, Site Plan for the Southlake Tennis Center on property described as Tract 1CO3 and portions of Tracts 1CO2 and 1B, L.G. Hall Survey, Abstract No. 686, and Lot 2R2, L.G. Hall No. 686 Addition, City of Southlake, Tarrant County, Texas and located at 450 West Southlake Boulevard, Southlake, Texas. Current Zoning: "CS" Community Service District. SPIN V. PUBLIC HEARING City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August16,2016 Page 6 of 9 H. Ordinance No. 1160, 2nd Reading, Adopt ordinance to abandon a portion of a permanent waterline easement as recorded in Volume 12954, Page 233 of the Deed Records of Tarrant County, Texas, situated in the U.P. Martin Survey, Abstract No. 1015 and the James B. Martin Survey, Abstract No. 1134, City of Southlake, Tarrant County, Texas; and being part of Lot 2R, Block 1, (Kirkwood Boulevard) of Sabre Group Campus, an addition to the City of Southlake according to the plat recorded in Cabinet A, Page 12216 of the Official Records of Tarrant County, Texas; and being part of Lot 1R1R1, Block 1, of Sabre Group Campus, an addition to the City of Southlake according to the plat recorded in Instrument No. D215221562 of said Official Public Records. PUBLIC HEARING I. Ordinance No. 1158, 2nd Reading, Adopt ordinance to dedicate permanent municipal utility easement on City -owned property Lots 8-11, Block 3R of the Cimmarron Acres Addition. PUBLIC HEARING J. Consider a proposal to adopt a tax increase. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-718, (ZA16-027), 1st Reading, Zoning Change and Site Plan for State Highway 114 & Blessed Way Mixed Use Senior Housing on property described as Tract 2C, Richard Eads Survey, Abstract No. 481 and Tracts 5E, 5C1 and 5D1, Thomas Mahan Survey, Abstract No. 1049, City of Southlake, Tarrant County, Texas and located at 1680, 1700, 1730 and 1750 East State Highway 114, Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "S -P-1" Detailed Site Plan District. SPIN #4. (If approved, the public hearing will be held on September 6, 2016.) 8. Resolutions: A. Resolution No. 16-041, Appoint members to the Zoning Board of Adjustment to fill vacancies and to name a Chairman and Vice Chairman. 9. Other items for consideration: A. SV16-010, Variance to Sign Ordinance No. 704-H regulations for Victoria's Secret located at 119 Grand Avenue, Southlake, Texas. 10. Other items for discussion: (There are no items on this agenda.) 11. Meeting adjourned. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 16, 2016 Page 7 of 9 CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, August 12, 2016 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. (// 9{� v V 1Y�`�ll9ia v�' pQIBBB Lori Payne, T C City Secretary If you plan to attend thik'>d ubTi� q ing and have a disability that requires special needs, please advise the 6?P'3e�Kiary's Office 48 hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 16, 2016 Page 8 of 9 EXECUTIVE SESSION Section 551.071: Consultation with attornev. The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. Pending Public Information Act requests. 2. Texas Attorney General litigation defending the constitutionality of the Texas Open Meetings Act. 3. Legal issues regarding the Barnett Shale gas extraction and transportation. 4. Legal issues related to property located at 3100, 3110, and 3112 East Southlake Boulevard. 5. City of Southlake v. Ashwin J. Babaria, et. al.; Cause No. 2011-006149-3; eminent domain action regarding property located at 1470 North Kimball Avenue, Southlake, Texas. 6. James H. Watson v. City of Allen, et.al.; Civil Action No. 4:15 -CV -00335-A. 7. Constance Westfall v. Jose Luna, Nathaniel Anderson, Venessa Trevino, Chris Melton, and Thomas Roberson, and the City of Southlake; Civil Action No. 4:15 - CV -00874-0. 8. Chad Wilson and Martha Wilson, Individually and as next friend, for S.W. v. City of Southlake, Southlake Police Department and Randy Baker, Individually; Civil Action No. 4:16-cv-00057. 9. Lester J. Strait v. Savannah Court Partnership, et.al.; Cause No. 342-281936-15. Section 551.072: Deliberation reaardina real orooerty. The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation reaardina orosoective sift or donation. The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. Section 551.074: Deliberation reaardina personnel matters. The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, Municipal Judge and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. Section 551.076: Deliberation reaardina securitv devices. The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda August 16, 2016 Page 9 of 9 Section 551.087: Deliberation reaardina economic development negotiations. The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. Section 418.183(f): Texas Disaster Act. The City Council may deliberate information: 1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response providers, their staffing, contact information and tactical plans; 2) that relates to the risk or vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive weapon, the location of a material that may be used in a chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; 4) that relates to details of the encryption codes or security keys for a public communication system; 5) that relates to a terrorism - related report to an agency of the United States; 6) that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information regarding security measures or security systems intended to protect public and private property from an act of terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed meeting be made. Section 418.106(d) & (e): Local meetinas to discuss emeraencv manaaement plans reaardina pipeline safetv. The City Council may discuss emergency management plans involving pipeline safety and/or security of pipeline infrastructures or facilities when those plans or discussions contain such sensitive information. City of South/ake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork